Opinion
Case No. 97-934
Opinion Filed January 2, 1998
Non-Final Appeal from the Circuit Court for Orange County, George A. Sprinkel, IV, Judge.
Christopher C. Cathcart, Orlando, for Appellant.
Samuel W. Braver and Deborah A. Little, of Buchanan, Ingersoll Professional Corporation, Tampa, for Appellees.
Appellant, Mitts, Boyle Assoc., Inc., appeals a temporary injunction, complaining of several procedural and substantive defects. We agree that because the findings required for issuance of a temporary injunction are lacking and because no bond was required, entry of the injunction was error. We remand for the lower court promptly to enter a proper temporary injunction or to dissolve it. We observe further that if the court's reasons for issuance of an injunction are dependent on any disputed fact, the court should conduct an evidentiary hearing.
Snibbe v. Napoleonic Soc. Inc., 682 So.2d 568 (Fla. 2d DCA 1996); City of Jacksonville v. Naegele Outdoor Advertising Co., 634 So.2d 750 (Fla. 1st DCA 1994), approved, 659 So.2d 1046 (Fla. 1995); see also Hutchinson v. Kimzay, Inc. 637 So.2d 942 (Fla. 5th DCA 1994).
Hinsley v. Whited, 623 So.2d 611 (Fla. 5th DCA 1993); Petriccione v. Ocean Landings Condominium Ass'n, Inc., 615 So.2d 215 (Fla. 5th DCA 1993).
REVERSED and REMANDED.
COBB and HARRIS, JJ., concur.